Discrimination: the law and strategy

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Date:
Mon 1 Nov 2021 to Mon 31 Jan 2022
Location:
At your desk (National)
Venue Address:
At your desk
Event Type:
Webinar
Duration:
3 months on-demand (Live Q&A: Block One, 10 December 2021; Block Two, 17 December 2021, 12-1pm)
Status:
Spaces Available

Fees

  • Block One: The Law of Discrimination: £150+VAT
  • Block Two: Strategy and Tactics in Running Discrimination Claims: £150 +VAT

Discounts

We also offer the following discounts on the full fee:

  • There is a 20% discount off the total price if you book both blocks
  • 50% discount for members in the voluntary or not-for-profit sector (with no booking deadline)
  • 50% discount for pupil barristers or barristers less than 2 years call (with no booking deadline)
  • Please note only one discount will be applied per booking.

ELA’s highly acclaimed discrimination course will run online this winter.

The course will consist of two parts

  • Block One: The Law of Discrimination
  • Block Two: Strategy and Tactics in Running Discrimination Claims

You can book for one or both of the parts.

Fees: The price per part is £150 + VAT.
The following discounts are available with no booking deadline.

  • 20% discount off the total price if you book both parts, bringing the price for both parts to £240 + VAT. 
  • 50% discount for the voluntary sector and to pupil barristers and barristers with less than 2 years' call.

Block One: The Law of Discrimination 

Block one is at introductory level, designed for lawyers new to employment law practice or who have attended the Introduction to Employment Law course and will give attendees a thorough grounding in the law of discrimination. The first two webinars will cover the basics of the UK’s discrimination laws: protected characteristics, direct and indirect discrimination, victimisation and harassment. The following webinars will focus in more detail on the law of disability discrimination and pregnancy and maternity discrimination. 

Block one consists of five on-demand webinars and  live Q&A from 12pm to 1pm on 10th December 2021

Block Two: Strategy and Tactics in Running Discrimination Claims 

Block two is designed for junior to mid-level employment lawyers, as well as newly qualified level lawyers who have attended block one. It offers the opportunity to learn from experienced practitioners about the thorny practical issues of running discrimination claims, and what strategies can be used for different types of claims.

Block two consists of six on-demand webinars and live Q&A from 12pm to 1pm on 17th December 2021

Each session of this course will be available as an on-demand recording from 1st November until 31st January 2022.  The on-demand recordings for each block will be followed by a live Q&A session with the speakers to allow for questions and interactive learning.

On booking, you will be sent an email from ELA with your invoice, this confirms your place on the course. A full confirmation email containing your links to the webinar and supporting materials will be sent on 31st October 2021.


Programme – Block One

Each webinar will be approximately 1 hour 15 minutes in duration.

WEBINAR ONE & TWO
INTRODUCTION TO THE CONCEPTS OF DISCRIMINATION 

What is discrimination law and how does it work? 
Daphne Romney QC and Akua Reindorf, Cloisters

  • Identifying key discrimination concepts, including identifying protected characteristics 
  • Direct discrimination 
  • Indirect discrimination and the justification defence (including justifying direct age discrimination) 
  • Harassment and victimisation 
  • Who can claim protection 
  • When discrimination is unlawful 
  • Who can be liable for discrimination 
  • Exceptions and positive action 
  • The role of the EHRC 

WEBINAR THREE & FOUR
DISABILITY DISCRIMINATION: KEY CONCEPTS AND PRACTICAL ISSUES 
Jane Amphlett, Howard Kennedy and Susie Al-Qassab, Hodge Jones & Allen Solicitors

Disability 

  • What is a disability, including the statutory definition 
  • How to identify in practice whether someone has a disability 
  • Pre-employment questionnaires 
  • Occupational health and medical evidence

Forms of disability discrimination 

  • Direct discrimination, including perception of disability and discrimination by association
  • Indirect discrimination 
  • Discrimination arising from disability and when this can be justified
  • The duty to make adjustments, what is required in practice and the limits to what is reasonably required

Sickness absence and performance issues 

  • How to deal with sickness absence and performance issues of a person with a disability. 

WEBINAR FIVE
PREGNANCY AND MATERNITY DISCRIMINATION 
Siân Keall and Anna West, Travers Smith

  • The basic rights during and after pregnancy including 
    • right to time off for ante natal care
    • health & safety protection 
  • Maternity leave including 
    • right to pay and benefits before, during and after maternity leave 
    • tricky issues:  pay rises, bonuses, childcare vouchers and pensions 
    • rights to return from leave 
  • Unfair dismissal including redundancy during maternity leave 
  • Direct pregnancy/maternity discrimination and indirect sex discrimination – how this arises in practice 

An overview of shared parental 

The speakers from block one will join us for a live Q&A from 12pm to 1pm on 10th December 2021.

Programme – Block Two

Each webinar will be approximately 1 hour 15 minutes in duration.

WEBINAR ONE
CLAIMANT PERSPECTIVE:  ASSESSING THE CLAIM  AND OTHER PRE-LITIGATION STEPS 
Polly Rodway, BDBF

  • Identifying the claim, identifying potential respondents and limitation periods 
  • Identifying what outcome the prospective claimant wants 
  • Assessing merits and value of claim(s) 
  • Given assessment of merits and value of claims and funding available, are proceedings worth it? 
  • Pre-issue steps, including letters before action and Acas early conciliation 

WEBINAR TWO
RESPONDENT PERSPECTIVE: ADVISING CLIENTS ABOUT PREVENTING CLAIMS 
Vivienne Reeve, Gowling WLG 

  • Dealing with grievances 
    • What policies should be in place 
    • Pre-action litigation steps 
  • Responding to Subject Access Requests 
    • ACAS Early Conciliation 
    • Without prejudice discussions 
  • Settlement agreements – the ethical considerations surrounding NDAs 

WEBINAR THREE
CONDUCTING PROCEEDINGS: AN EMPLOYMENT JUDGE’S PERSPECTIVE 
REJ Wade, London Central Employment Tribunal

  • Case management tips 
  • General top tips/do’s and don’ts on dealing with the tribunal and presenting a case 

WEBINAR FOUR & FIVE
ISSUING AND RESPONDING TO THE CLAIM, PREPARING THE CASE AND STRATEGY
Lucy McLynn, Bates Wells Braithwaite and Harriet Bowtell, Jones Chase
 

  • Addressing relevant points 
    • Identifying each claim and giving particulars 
    • Bring the claim against the correct respondent(s) 
    • Comparators 
    • PCPs 
    • Burden of proof 
  • Responding to the ET1 effectively 
    • How strong is any objective justification defence and how will you demonstrate it? 
  • Further and better particulars 
  • Potential conflicts of interest between respondents who are employer and another employee? 
    • Including running a reasonable steps defence 
  • Are there preliminary points to take? 
    • Time issues 
    • Jurisdiction issues 
    • Deposit orders/strike outs 
  • General case management 
    • Documents 
    • What you need 
  • Disclosure obligations and specific disclosure requests 
  • Witnesses 
    • Identifying relevant witnesses 
    • Using witness orders 
    • Preparing witness statements 
    • Preparing witnesses to give evidence 
  • Settlement tactics during the litigation process 
  • Preparing for the hearing 
    • Last minute settlement 
    • Dealing with publicity 

WEBINAR SIX
REMEDIES AND PREPARATION AND STRATEGIES FOR THE REMEDIES HEARING 
Tina Wisener, Doyle Clayton Solicitors 

  • Overview of remedies available 
  • Preparing for remedy hearing - tactical and practical questions regarding the hearing: how each party should approach a remedies hearing 
  • Drafting and challenging schedules of loss and drafting a counter-schedules 
  • Mitigating loss 
  • Tax issues 

The speakers from block two will join us for a live Q&A from 12pm to 1pm on 17th December 2021